Breakout on Employment Law 

1:00 – 2:00 pm    
How to Survive an OSHA Inspection 

David R. Wylie, Attorney
Jackson Lewis LLP
Greenville, SC

If an OSHA official appears at your door to investigate an employee complaint such as sick building syndrome or an alleged workplace hazard, do you know what you must do and should do in response?  What are the company’s rights and responsibilities?  This session will provide you with the practical “do’s and don’ts” necessary to survive an OSHA inspection.
 

2:00 – 3:00 pm    
Hiring and Firing Employees to Minimize Risks

Susan K. McKenna, Attorney
Jackson Lewis LLP
Orlando, FL

Employers large and small today are faced with an increasing barrage of workplace lawsuits.  The best ways to minimize the risk of an employment law claim are to screen applicants carefully to avoid a “bad hire” and to adopt effective approaches to terminating the unproductive or problem employee.  This session will address the practicalities of how to hire and fire employees to best avoid liability.
 

3:10 – 4:00 pm    
Hot Issues in Wage and Hour Compliance

Susan K. McKenna, Attorney
Jackson Lewis LLP
Orlando, FL

On the heels of recent changes to the Fair Labor Standards Act’s regulations, the Department of Labor Wage and Hour Division has a beefed-up enforcement budget and an aggressive approach to penalizing violators.  The truth: very few employers are fully in compliance with federal wage and hour laws.  This program will discuss the most common areas of noncompliance and effective ways to remedy them.

Breakout for Attorneys 

9:30 – 11:00 am  
Strategy Session: Hot Topics 

Moderator:
Stuart F. Suskin, Attorney—State Mediator
Gainesville, FL

Panel:
Esther Zapata Ruderman, Attorney
West Palm Beach, FL 

Lisa Lazan, Attorney
Vero Beach, FL 

James F. Lee, Attorney
Miami, FL

Barbara B. Wagner, Attorney
Wagenheim & Wagner, P.A.
Ft. Lauderdale, FL

This knowledgeable and skilled Strategy Session panel will discuss innovative techniques, new trends, recent decisions, and legislative changes (and challenges) that impact the prosecution and defense of workers’ compensation claims.  The Hot Topics will include discussions concerning compensability, major contributing cause, fraud, the 120 day rule, medical benefits, settlements and attorney’s fees.

11:15 – 12:15 pm   
Perspectives of the Office of the Judges of Compensation Claims

Panel:
Honorable Robert S. Cohen
Director and Chief Judge
Division of Administrative Hearings
Tallahassee, FL.

Honorable Gerardo Castiello
Judge of Compensation Claims
President of Florida Conference of Judges of Compensation Claims
Miami, FL

Chief Judge Cohen and Judge Castiello will provide practitioners with a perspective from the bench and insight into the operation of the Division of Administrative Hearings.  The judges will discuss vital information on rules, procedures, the impact of the new law, and how it is reshaping the role of the Judges of Compensation Claims.  Yes, they will talk about attorney’s fees and the role of the Judges of Compensation Claims in approving and determining fees.  Time permitting, questions will be taken from the floor.     

2:15 – 4:15 pm    
Focus on Ethics and Professionalism-A New Game

Moderator:
Howard Scheiner, Attorney—Mediator
West Palm Beach, FL 

Panel:
Richard B. Berman, Attorney
Ft. Lauderdale, FL 

Richard E. Chait, Attorney
Miami, FL

Thomas Hedler, Attorney
West Palm Beach, FL
Derrick E. Cox, Attorney
Orlando, FL

This panel will discuss the challenges of the new Workers’ Compensation Act as it impacts the very heart of the practice and the way lawyers are handling claims.  The discussion will provide practical information concerning the types of ethical issues presented by the new law and how to address the issues with professionalism (even when your opponent does not). 

Professional Employer Organization:  Florida and National in Scope (PEO Breakout)

9:00 – 9:55 am    
PEO Fraud Investigations and How to Use the Law to Mitigate Damages

Panel:
Tasha Denise Carter
Florida Department of Financial Services
Bureau of Compliance
Senior Management Analyst II
Tallahassee, FL

Thomas N. Pallermo
Assistant State Attorney
Thirteenth Judicial Circuit
Tampa, FL

Robert B. Bennett, Attorney
Sponsler, Bennett, Jacobs & Cristal, PA.
Tampa, FL

This session will examine what the State is doing to prevent, detect and punish those who commit fraud against PEOs in Florida.  In addition, the attendees will learn about the civil and criminal remedies that are available to end and mitigate frauds against PEOs. This session will explore how compliance officers are handling onsite job investigations for coverage and the inroads that are being made to prevent abuses.  You will find out how a state attorney views a fraud case and how to increase the likelihood of conviction and restitution.  You will also learn that while the impact of fraud against PEOs is great, so too are the tools to fight it.   

9:55 – 10:50 am  
PEO National Trends and Issues

Panel:
Milan P. Yager
Executive Vice President
NAPEO
Alexandria, VA 

Brian Nugent, Attorney
The Nugent Law Firm, P.C.
Ft. Collins, CO

This session will discuss what is happening in the national PEO market and what to expect in the future for PEOs.

11:00 – 12:30 pm
PEOs in Different Jurisdictions 

Moderator:
Torben S. Madson, III, Attorney
Alvarez, Sambol, Winthrop, & Madson, P.A.
Orlando, FL

Panel:
Thomas S. Thornton, II, Attorney
Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C.
Birmingham, AL

John M. Polson, Attorney
Fisher & Phillips, LLP
Irvine, CA

R. Briggs Peery, Attorney
Swift, Currie, McGhee and Hiers, LLP
Atlanta, GA

J. Russell Goudelock, II, Attorney
McAngus, Goudelock & Courie, LLC
Columbia, SC

This session will discuss PEO licensing requirements, how PEOs are perceived in different jurisdictions and how the law of each represented state addresses PEO issues.  There will be a discussion regarding how cases have been decided in these other jurisdictions relating to PEOs and how the laws are being interpreted in the represented states.

1:30 – 2:30 pm    
Litigation and Claims Issues Particular to PEOs

Moderator:
Teresa L. Pike
Vice President of Risk Management
Unisource Administrators, Inc.
Sarasota, FL

Panel:
Patti Howell
Director of Claims
Gevity HR
Bradenton, FL

Alice Bane
Claim Supervisor
Unisource Administrators, Inc.
Sarasota, FL 

James N. McConnaughhay, Attorney
McConnaughhay, Duffy, Coonrod, Pope & Weaver, PA
Tallahassee, FL  

Steven A. Rissman, Attorney
Rissman, Barrett, Hurt, Donahue & McLain, PA
Orlando, FL

This session will discuss the unique situations found in the PEO environment as it relates to claims and litigation.  We will focus on how claims’ handling is affected by having a co-employer relationship and specific issues that arise as a result. 

2:30 – 3:30 pm    
PEO and Experience Rating

Moderator:
Teresa L. Pike
Vice President of Risk Management
Unisource Administrators, Inc.
Sarasota, FL  

Panel:
Paul R. Hughes
CEO
Risk Transfer Holdings, Inc.
Orlando, FL  

Mona T. Carter
National Policy Executive
NCCI
Boca Raton, FL  

Gerald Ordoyne
Director of Experience Rating
NCCI
Boca Raton, FL

This session will discuss PEO Unit Stat Filings, how mods are used and if and when exceptions can be made to the use of the mod.  NCCI will walk us through an actual mod calculation from A-Z discussing how reported information impacts your mod.  They will discuss how class codes are applied and what you can do to make sure your mod is as accurate as possible.  They will also discuss special rules which can affect your mod and the intent behind these rules.

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